Board approves tentative settlement in Lynch v. Yamhill County; administrator authorized to sign

The Yamhill County Board of Commissioners voted May 7 to approve a proposed settlement in Lynch v. Yamhill County and authorized County Administrator Ken Huffer to sign the agreement and arrange deposit of settlement funds.

The settlement, described to the board by Michael McGeen, resolves claims brought by plaintiffs Walter and Caroline Jacob and seeks court approval under Federal Rule of Civil Procedure 23. McGeen told the board the agreement distinguishes older foreclosure surplus sales (approximately 10 sales totaling $166,218.06, which the parties agreed would not carry prejudgment interest) from four newer sales that generated $9,421.35 plus statutory interest (stated as $3,830.77 in the presentation). McGeen characterized the county's immediate out‑of‑pocket obligation as roughly $179,000 and said the parties anticipated filing the agreement with the court early the following week and that the county would have until early June to make the deposit into the settlement fund.

Under the written terms summarized for the board, 13 retained county properties are subject to an auction process: sales must be pursued for 12 months after the settlement signature, with at least one retained property placed for auction within three months. McGeen said the settlement does not prescribe a precise auction mechanism but requires "reasonable efforts" to sell at public sale; any net surplus from sales after county maintenance costs would be distributed by the court administrator and the plaintiffs' class representatives.

Commissioners asked for clarifications about account balances and two specific parcels the county had previously transferred to an Affordable Housing Corporation (identified in the discussion as Church Street and Lafayette Street, with surplus amounts listed in the presentation as $14,000 and $10,000). McGeen said those transfers were treated as arm's‑length sales for settlement purposes and that the county had stipulated to the surplus amounts; commissioners directed staff to confirm account balances and to consult with the housing authority to explore whether costs might be passed through or otherwise coordinated.

The board moved to approve the settlement and to authorize Ken Huffer to execute the agreement. The motion was approved by voice vote.

The agreement requires the county to begin an auction process within three months of signing and to continue efforts for 12 months thereafter; if properties do not sell in that period, the county retains an ongoing obligation to pursue arm's‑length sales or allow redemption by prior owners. County staff said they expected to submit the agreement to the court by Monday and to make the deposit within 30 days of signature, but they also noted staff would confirm exact accounting figures before signing.

The board did not record a roll‑call tally of individual votes in the transcript; the motion was announced as passing unanimously.